State v. Blilie

• Decision Date: 03 July 1997
• Docket Number: No. 64799-2,64799-2
• Parties: The STATE of Washington, Petitioner, v. Mark BLILIE, Respondent.
• Court: Washington Supreme Court

Page 484

132 Wn.2d 484

939 P.2d 691

The STATE of Washington, Petitioner, v. Mark BLILIE, Respondent.

No. 64799-2.

Supreme Court of Washington,

En Banc.

Argued April 8, 1997.

Decided July 3, 1997.

Norm Maleng, King County Prosecutor, Brian McDonald, Deputy, Seattle, for Petitioner

Michael A. Frost, Seattle, for Respondent.

The Defender Association, Jeffrey E. Ellis, Seattle, Amicus Curiae on Behalf of Washington Association of Criminal Defense.

JOHNSON, Justice.

In this case we are asked to decided whether RCW 10.64.025(2), which prohibits the release of persons convicted of sex offenses pending sentencing, is unconstitutional for violating the separation of powers doctrine of the Washington Constitution or the equal protection clause of the Fourteenth Amendment. We hold the statute was not enacted in violation of the separation of powers doctrine, nor does it violate the equal protection clause. The order of the trial court is reversed.

FACTS

On September 27, 1996, Mark Blilie, Respondent, was convicted by a jury of one count of communicating with a minor for immoral purposes, two counts of child molestation in the third degree, and one count of rape of a child in the third degree. Under RCW 10.64.025(2), Blilie was ordered committed to the King County Jail that same day. RCW 10.64.025(2) provides in pertinent part: "A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: ... rape of a child in the first, second, or third degree; [and] child molestation On October 15, 1996, Blilie filed a motion seeking an order granting his release or the setting of bail pending sentencing on the grounds RCW 10.64.025 "is unconstitutional and violative of Article IV, § 6 of the Washington State Constitution and Article I, § 14 of the Washington State Constitution." Clerk's Papers at 19-20. The trial court heard argument on the motion on October 29, 1996 and found RCW 10.64.025(2) unconstitutional on the grounds it violated the separation of powers doctrine. A written order to that effect was entered the same day. However, the trial court stayed the order pending emergency appellate review.

                in the first, second, or third degree."   Sentencing was set for November 8, 1996
                

The State immediately filed a notice of discretionary review in Division One of the Court of Appeals. After reviewing the case, the Court of Appeals determined it involved an issue of broad public import requiring prompt and ultimate determination, and certified the following question to this court:

Does the 1996 amendment to RCW 10.64.025 barring any post-conviction release pending sentencing for certain offenses violate the separation of powers doctrine?

Under RCW 2.06.030, the Commissioner of this court accepted certification of the case on January 6, 1997, and set the matter for determination on the merits. ¹

ANALYSIS

Standard of Review

At issue in this case is a trial court order declaring a statute unconstitutional; we review such orders de novo. Soundgarden v. Eikenberry, 123 Wash.2d 750, 756, 871 P.2d 1050, 30 A.L.R.5th 869 (1994) (citing Bose Corp. v. Consumers Union of U.S., Inc., 466 U.S. 485, 499, 104 S.Ct. 1949, 1958, 80 L.Ed.2d 502 (1984)).

Separation of Powers

The separation of powers doctrine is not specifically enunciated in either the Washington or federal constitutions, but is universally recognized as deriving from the tripartite system of government established in both constitutions. See, e.g., Wash. Const. arts. II, III, and IV (establishing the legislative department, the executive, and judiciary); U.S. Const. arts. I, II, and III (defining legislative, executive, and judicial branches); Carrick v. Locke, 125 Wash.2d 129, 134-35, 882 P.2d 173 (1994). When separation of powers challenges are raised involving different branches of state government, only the state constitution is implicated. See Carrick, 125 Wash.2d at 135 n. 1, 882 P.2d 173. However, this court relies on federal principles regarding the separation of powers doctrine in interpreting and applying the state's separation of powers doctrine. Carrick, 125 Wash.2d at 135 n. 1, 882 P.2d 173.

In Carrick, we discussed the purposes and proper application of the separation of powers doctrine:

The validity of this [separation of powers] doctrine does not depend on the branches of government being hermetically sealed off from one another. The different branches must remain partially intertwined if for no other reason than to maintain an effective system of checks and balances, as well as an effective government. In re Juvenile Director, [87 Wash.2d 232, 239-40, 552 P.2d 163 (1976) ]. The doctrine serves mainly to ensure that the fundamental functions of each branch remain inviolate.

The separation of powers doctrine is grounded in flexibility and practicality, and rarely will offer a definitive boundary beyond which one branch may not tread. In re Juvenile Director, at 240, 552 P.2d 163.

The question to be asked is not whether two branches of government engage in coinciding activities, but rather whether the activity of one branch threatens the independence or integrity or invades the prerogatives of another.

Zylstra v. Piva, 85 Wash.2d 743, 750, 539 P.2d 823 (1975).

Carrick, 125 Wash.2d at 135, 882 P.2d 173. In Carrick, we held the statute that authorized district court judges to conduct coroners' inquests into deaths involving law enforcement officers, and the actual practice of district courts doing so, did not violate the separation of powers doctrine. Carrick, 125 Wash.2d at 139-40, 882 P.2d 173.

Here, Blilie claims RCW 10.64.025(2) irreconcilably conflicts with CrR 3.2(f) and, therefore, the Legislature has improperly interfered with this court's inherent authority to promulgate rules of procedure. Because release and bail issues have traditionally been functions of the judiciary, this court has treated the issue as procedural rather than substantive, and a proper subject of the court's rulemaking authority. See State v. Smith, 84 Wash.2d 498, 501-02, 527 P.2d 674 (1974). In exercising that authority, we have promulgated rules regarding bail and release of accused persons. See CrR 3.2. In particular, CrR 3.2(f) provides: "After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.64.027, the court may revoke, modify, or suspend the terms of release and/or bail previously ordered." The statute at issue here, RCW 10.64.025, states:

(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released....

(2) A defendant who has been found guilty of one of the following RCW 10.64.025. Blilie challenges only subsection (2) of this statute.

offenses shall be detained pending sentencing: Rape in the first or second degree ...; rape of a child in the first, second, or third degree ...; child molestation in the first, second, or third degree ...; sexual misconduct with a minor in the first or second degree ...; indecent liberties ...; incest [939 P.2d 694] ...; luring ...; any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

When a court rule and procedural statute are inconsistent, the court rule governs; however, this court makes every effort to harmonize such apparent conflicts. State v. Ryan, 103 Wash.2d 165, 178, 691 P.2d 197 (1984); Washington State Bar Ass'n v. State, 125 Wash.2d 901, 909, 890 P.2d 1047 (1995). In Ryan, the defendant challenged the child hearsay statute on the grounds that it was a legislative intrusion into the judicial province in violation of the separation of powers doctrine. Ryan, 103 Wash.2d at 178, 691 P.2d 197. We held there was no violation of that doctrine because (1) there was no conflict between the statute and any court rule, and (2) ER 802 specifically contemplated exceptions created "by statute." Ryan, 103 Wash.2d at 178-79, 691 P.2d 197.

Ryan is directly on point. CrR 3.2(f) recognizes the legislative restrictions imposed by this specific statute on a trial court's discretion to release defendants after findings or pleas of guilty. Furthermore, RCW 10.64.025(2) does not directly conflict with CrR 3.2(f). The court rule provides that "subject to " RCW 10.64.025, the court "may revoke, modify, or suspend the terms of release and/or bail." CrR 3.2(f) (emphasis added). RCW 10.64.025(2) prohibits the release of defendants convicted of certain sex offenses pending sentencing. Rather than conflicting, RCW 10.64.025 is a necessary and contemplated corollary to CrR 3.2(f).

Blilie argues that CrR 3.2(f)'s recognition of RCW 10.64.025 does not include subsection (2) because that section of the statute was added by amendment in 1996, and CrR 3.2(f) was last amended in 1995. CrR 3.2(f); see Laws of 1996, ch. 275, § 10. In essence, Blilie asserts that any statutory amendments adopted subsequent to the court rule must be specifically addressed by this court and then recognized in the rule.

This argument is directly contrary to our recognized rules of statutory construction. Court rules are interpreted using principles of statutory construction. State v. Greenwood, 120 Wash.2d 585, 592, 845 P.2d 971 (1993). Statutes referencing other statutes include any amendments to the referenced statute, absent a clear expression of a contrary intent. State v. Horton, 59 Wash.App. 412, 416, 798 P.2d 813 (1990); RCW 1.12.028. Both the Legislature and this court are presumed to know the rules of statutory construction. See State ex rel. Gebhardt v. Superior Court, 15 Wash.2d 673, 690, 131 P.2d 943 (1942). Applying these recognized principles,...